HomeMy WebLinkAboutPublic AgencyPUBLIC AGENCY
ITEM
DATE
SUBMITTED BY
re Page 1 of 1
Anne Marie. Skinner
From: Anne Marie. Skinner
Sent: Wednesday, December 19, 2007 4:48 PM
To: 'LMS_567@yahoo.com'
Subject: Annexation hearing
J R,
Attached please find the staff report, the development agreement and the agenda for the hearing on Wednesday,
December 26, 2007 at 7:00 p.m.
Please carefully review all documents. Please note that the development agreement will be binding upon
recordation.
Awv�i�la�--r�iSk�rwneY
Senior Planner
City of Caldwell
Planning and Zoning
621 Cleveland Blvd.
Caldwell, ID 83605
208-455-4662
208-455-3050 fax
1211912007
12/17/2007 14:49 FAX 2084594491
.0 +•,
PIONEER IRRIGATION 4 CALD4PELL P Z
r
Q 001 002
JEPE SCOTT
Superintendent
MARK ZIRSCHKY
Asst Supenntendent
December 13, 2007
Pioneer Irrigation District
P.O. BOX 426 • CALDWELL, IDAHO 83606
(208) 459-3617
NIAIDA KELLEHER
Swetsry-Treasurer
City of Caldwell Community Development Department
Fax: 455-3050
Attn: Anne Marie Skinner
Re: Case No. ANNA63"7 (Miguel Tamayo) Annexation
TO WHOM IT MAY CONCERN:
Please be advised there is a delivery point in place for the property being proposed for development- Pioneer
Irrigation District's main concern is that all water rights within the District be honored, and that access to irrigation
water be provided to every parcel of land. Delivery point for said property is gate 85 -- Phyllis Canal.
All existing easements, right-of-ways, and other means used to honor the water rights to downstream waterusers
must be maintained and allowed to continue to exist. It is imperative that no one disrupt the delivery of water to a
downstream water user.
Any lateral, canal, drain or other means used to deliver water, along which there is a right-of-way or easement,
must have the same kept clear of all obstructions at all times. No fences, structures, or other materials are allowed
on any of the District's easements or right-of-ways AND they must be recorded on the final plat The Lonkey
Lateral has a 20 foot wide easement, 40 feet from centerline of pipeline along each side.
There are to be no pathways within Pioneer Irrigation District easements.
Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of
Reclamation. Pioneer Irrigation District does not assume any responsibility for such an approval. Her telephone
number is 383-2221,
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement or
Crossing Agreement between the District and the owner/developer of the property has been signed and recorded.
Please contact the District's Attorney, Scott L. Campbell, in writing if you need to obtain such an agreement. His
contact information is; Scott L Campbell, Moffatt Thomas
Barrett Rock & Fields, Chtd., 101 S. Capitol Blvd., 10th Floor, Boise, Idaho 83702, phone: (208) 345-2000, fax:
(208) 385-5384.
A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements must be reviewed by and approved by Mr. Campbell. The least expensive way to
have an agreement drawn up which meets the need of the District is by having Mr. Campbell himself draw it up.
Otherwise there will be two attomey fees for said developer and/or owner to pay. A deposit of $1000.00 must be'
paid to Moffatt, Thomas to cover the attorney fees before the work can begin. Any unexpended portion of the
deposit will be refunded. Pioneer Irrigation District will recommend disapproval of the final plat approval, until the
@A
3
12/17/2007 14:49 FAg 2084594491 PIONEER IRRIGATION CALDWELL P Z idj002:002
-; tP4 1(03�'
agreement has been executed and recorded. If construction begins without the required agreement, Pioneer
Irrigation District will pursue judicial relief to stop the construction.
Plans must be received by Pioneer Irrigation District by December 15t", 2007. All construction which may
impact District facilities must be completed prior to the March Jr, 2008 deadline. The construction time -
frame which Pioneer Irrigation District allows is November 1st of the current year to March le of the
following year.
Ten percent (10%) of the PID project costs, as determined by Pioneer Irrigation District's engineer, shall be
deposited with Pioneer, in the form of a cashier's check, payable to Pioneer Irrigation District, at the time of
execution of the agreement by the Developer/Land Owner. Pioneer shall refund this deposit if the construction is
completed by March I e, and in accordance with the terms of the agreement, otherwise the deposit shall be
forfeited to Pioneer Irrigation District.
If construction is not completed by March 15"' in a manner which allows for adequate delivery of water, Pioneer will
intervene and perform whatever work is necessary to allow adequate delivery of water to patrons. This work will be
performed at the convenience and discretion of Pioneer Irrigation District. The Developer/Land Owner shall pay the
costs of this remedial work.
Any proposed development which will have downstream waterusers using gravity -flow irrigation must develop their
irrigation system in a manner which will insure the downstream waterusers the ability to acquire at least as much
irrigation water for gravity flow irrigation as what they received prior to any development or construction taking place.
the gravity flow irrigation system must be totally separate from the proposed pressurized irrigation system within a
subdivision.
Please be advised, the developer shall submit detailed drawings of any proposed relocations of Pioneer Irrigation
Districts facilities, prior to preliminary plat approval_ Any said relocations are subject to approval from the
Superintendent and/or the Board of Directors of Pioneer Irrigation District
Any construction that impacts Waters of the United States may require obtaining a 404 permit from the Corp of
Engineers. Greg Martinez of the Corp of Engineers can be contacted at 345-2154.
Prior to finalization of any Agreements with Pioneer Irrigation District, Pioneer Irrigation District must receive a copy
of a 404 permit that has been properly executed. If it is determined by the Corp of Engineers that a 404 permit is
not required, Pioneer Irrigation District must be notified in writing by the Corp of Engineers that said 404 permit is
not required.
NOTE; This letter does not authorize any construction to commence until all the necessary agreements
with Pioneer Irrigation District have been executed and recorded.
If you have any q
Mark F. Zirschky
Assistant Superintendent
comments, please do not hesitate to call.
cc: Gordon Law — City of Caldwell Engineering via fax 455-3012
A
Memorandum
To: Community Development
From: Gordon Low, City Engineer
Tim King, Engineering Tech II
Re: Case No. ANN-166-07 Miguel Tamayo
Date: November 20, 2007
The Engineering Department does not oppose the request by Miguel Tamayo for the annexation
of approximately 5.5 acres into the City with C-2 (Community Commercial) zoning and a
comprehensive plan map change from agriculture to commercial but provides the following
comments regarding future development of the site. The site is located at approximately 1300 feet
south c+' Homedale Road.
`iis application is subject to a development agreement.
Deg+.. opment Plans
De,-�lopr}3ent Plans — Prior to commencing future construction, plans must be prepared by the
developor's engineer and approved by the City Engineering Department which shall include
the f. owing items:
a. Street secti n and alignment (including curb and gutter);
b. Sidewalk (5 foot on Indiana Ave);
c. Sanitary sewer (per City and DEQ requirements);
d. Potable water (per City and DEQ requirements);
e. S`ormwater faciRies (per City Policy);
f. : ' eat light;ng (at intersections and maximum spacing of 350 feet and must meet Idaho
F•c�wer design standards plVs conform identically to the lamp, ballast, and sensor switching
equipment used by Idaho Po-..ver or City Enginee, - ,Dproved alternative);
g. Street signage (per City and MUTCD requirements);
h. Irrigation system (per Caldwell Municipal Irrigation District requirements);
i. Vertical Datum based on NAVD 88 Datum.
Page 1 of 3
r
r
Rights -of -Way
1. Indiana Ave is classified as a Minor Arterial. The applicant shall be required to dedicate as
public right-of-way a forty (40) foot one half width right-of-way (minus existing) along the
Indiana Ave frontage to meet City of Caldwell requirements.
2. The applicant will be required to submit for review and comply with any additional right-of-way
or setback requirements by the Canyon Highway District #4 and to make the city aware of any
such requirements.
Street
1. Fu;, development will require adherence to the City's Infrastructure improvement policy.
Cori:'!rucbon of curb, gutter a'id sidewalk improvements will be required in accordance with
City standards.
2. Future development will ,equire the applicant to improve Indiana Ave to include a 33.0 foot
half -width street sect; ;n center -line to back of curb. The street steal! feature standard vertical
curb and gutter, 5 fccc s'dewaiks, sub -base and asphalt paving, required storm water drainage
facilities and streetligh,s. These improvements shall extend the entire length of the subject
,.,or-:rty.
3. Future development shall require any approaches on Indiana Ave to comply with ACHD
intersection spacing and alignment standards at a minimum.
Way.,r & Sanitary Sewer
1 Sewer and water have been stubbed to the subject property from the adjacent Milagro
Subdivision approximately thirty-five (35) feet west of the intersection of Mariposa Street and
Oadt;ra way. Future development will require the applicant to connect to these city services.
2. Ca:.<,,.J'ty of sewer stub shall be evaluated for adequacy during review of improvement plans.
Storm Drain
1. Future development stall require the d,sposal of stormwater drainage in accordance with the
City Stormwater Management Manual inc:uding any subsequent updates.
Irrigation
1 Irrigation water for any and all landscaping shall be obtained from applicable Irrigation
District sources. City murtticipal water may be used only if the criteria specified in the
Landscane Ordinance .�c..tion 10-07-12 are met.
Page 2 of 3
2 The applicant skull maintain any existing upstream drainage rights and downstream
irrigation rights across the property. Conveyance systems are subject to irrigation district
and City of Caldwell design review and approval.
General
1. Construction of facilities to be dedicated and/or within public right-of-way shall be performed
by an appropriately licensed public works contractor and constructed to City of Caldwell
specifications.
2. Prior to commencement of construction in any dedicated right-of-way, or construction of any
improvement intended for dedication to V: a City or connected to a City facility, the City
r=ngineering staff is to be notified. This preferably will take pace in a pre -construction
,_i iference schedLaed by the engineer of record in which all appropriate personnel and utilities
are �,--osent. Appropriate City personnel are to be notified in advance of all testing (including
come: fiction, pressure and coliform, etc.) and given opportunity to be present during conduct of
the testing. The engineer of record or his designated representative is to witness all tests and
a log of inspection visits and testing results is to be kept by the engineer of record or his
representative.
3 'i'he applicant shall maintain the site in keeping wi'h the City's nuisance abatement program
%intil such time as development occurs. The maintenance will include the semi-annual
mowing of all weeds within the subdivision boundaries and the removal of noxious weeds
when they are identified. The developer will apply all appropriate dust abatement
procedures as part of the construction process.
4. The appii :aot shall deve;op the site in keeping with provisions of the City's Landscaping
Ordinance. No. 2428 and Tree Ordinance No.2437.
5. t `pis application shall be subject to a development agreement.
Page 3 of 3
11.'19.-2007 12:14 FAX 2084594491 PIONEER IRRIGATION r 0 001
� � L
Pioneer Irrigation District
1
JEFF SCOTT P.O. BOX 426 • CALDWELL, IDAHO 83606
Superintendent (208) 459-3617
MARK ZIRSCHKY NAIDA KELLEHER
ASst Superintendent Secretary -Treasurer
November 15, 2007
City of Caldwell Community Development Department
Fax: 455 3050
Attn: Anne Marie Skinner
Re: Case No. ANN-166-07 (Miguel Tamayo) Annexation
TO WHOM IT MAY CONCERN:
Please be advised there is a delivery pain' in place for the property being proposed for development- Pioneer
Irrigation District's main concern is that all water rights within the District be honored, and that access to irrigation
water be provided to every parcel of [and_ Delivery point for said property is gate 85 — Phyllis Canal.
All existing easements right-of-ways, and other means used to honor the water rights to downstream waterusers
must be maintained and allowed to continue to exist. It is imperative that no one disrupt the delivery of water to a
downstream water user.
Any lateral. canal, drain or other means used to deliver water, along which there is a right-of-way or easement,
must have the same kept clear of all obstructions at all times. No fences, structures, or other materials are allowed
on any of the District's easements or right-of-ways AND they must be recorded on the final plat- The Lonkey
Lateral has a 20 foot wide easement, 10 feet from centerline of pipeline along each side.
There are to be no nathways within pioneer Irrigation District easements.
Any discharge or run-off into a federal drain must meet the approval of Lope Rodriguez of the Bureau of
Reclamation. Pioneer irrigation District does not assume any responsibility for such an approval. Her telephone
number is 383-2221,
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement or
Crossing Agreement between the District and the owner/developer of the property has been signed and recorded
Please contact the District's Attorney, Scott L. Campbell, in writing if you need to obtain such an agreement, His
contact information is: Scott L. Campbell, Moffatt Thomas
Barrett Rock & Fields, Chtd., 101 S. Capitol Blvd., 10t Floor, Boise, Idaho 83702, phone: (208) 345-2000, fax.
(208) 385-5384.
A License Agreement cis Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements must be reviewed by and approved by Mr. Campbell. The least expensive way to
have an agreement drawn up which meets the need of the District is by having Mr. Campbell himself draw it up
Otherwise there will be two attorney fees for said developer and/or owner to pay. A deposit of $1000.00 must be
paid to Moffatt, Thomas to cover the attorney fees before the work can begin. Any unexpended portion of the
deposit will be refunded. Pioneer Irrigation District will recommend disapproval of the final plat approval, until the
P l A
11-19'2007 12:14 FAX 2084594491 PIONEER IRRIGATION Q002
agreement has been execute'. ,Ind recorded, If construction begins without the required agreement, Pioneer
Irrigation District wil pursue judicial relief to stop the construction,
Plans must be received by Pioneer Irrigation District by December 15th, 2007. All construction which may
impact District facilities must be completed prior to the March 15th, 2008 deadline. The construction time -
frame which Pioneer Irrigation District allows is November Vt of the current year to March 15'h of the
following year.
Ten percent (10%) of the PID project costs. as determined by Pioneer Irrigation District's engineer, shall be
deposited w th Pioneer, in the form of a cashier's check, payable to Pioneer Irrigation District, at the time of
execution of the agreement by the Developer/Land Owner. Pioneer shall refund this deposit if the construction is
completed by March 15L" and in accordance with the terms of the agreement, otherwise the deposit shall be
forfeited to Pioneer Irrigation District.
If construction is not completed by March 15th in a manner which allows for adequate delivery of water, Pioneer will
intervene and perform whatever work is necessary to allow adequate delivery of water to patrons. This work will be
performed at the convenience and discretion of Pioneer Irrigation District. The DeveloperlLand Owner shall pay the
costs of this emedial work.
Any proposed development which will have downstream waterusers using gravity flow irrigation must develop their
irrigation system in a manner which will insure the downstream waterusers the ability to acquire at least as much
irrigation water for g,. avi-y flow irrigation as what they received prior to any development or construction taking place.
The gravity flow irrigation system must be totally separate from the proposed pressurized irrigation system within a
subdivision.
Please be advised, the developer shall submit detailed drawings of any proposed relocations of Pioneer Irrigation
District's facilities, prior to preliminary plat approval. Any said relocations are subject to approval from the
Superintendent and/or the Board of Directors of Pioneer Irrigation District
Any construction that impacts Waters of the United States may require obtaining a 404 permit from the Corp of
Engineers. Greg Martinez of the Corp of Engineers can be contacted at 345-2154.
Prior to finalization of any Agreements with Pioneer Irrigation District, Pioneer Irrigation District must receive a copy
of a 404 permit that has been properly executed If it is determined by the Corp of Engineers that a 404 permit is
not required. Pioneer ,rrigat'on District must be notified in writing by the Corp of Engineers that said 404 permit is
not required
NOTE: This letter does not authorize ary construction to commence until all the necessary agreements
with Pioneer Irrigation District have been executed and recorded.
If you have a-iy ques"ons pr comments, please do not hesitate to call.
Sincerel
Mark F. Zirsch
Assistant Superintendent
cc Gordon Law- C'ty Caldwell Engineering via fax 455-3012